SUMMARY: Even though the children did not visually witness the domestic violence between the mother and her partner, there was sufficient evidence showing that they were adversely affected by exposure to it warranting adjudication under 43-247(3)(a). Mariah R., DOB 10/91, Ashley L., DOB 4/94, Justin...

SUMMARY: It is a violation of due process to adjudicate on findings relating to mental health status of the mother when mental health was not an allegation in the petition nor was referred to in the allegation of “fault.” Christian L., 16 months of age, was removed from the mother in January 2009...

SUMMARY: Termination of parental rights was improper because one of the bases was N.R.S. 43-292(5) relating to the parent’s mental condition, which requires the appointment of a guardian ad litem to the parent. Presten O., DOB 12/05, and Porsha O., DOB 5/07, are the children of Crystal and were...

SUMMARY: A father striking his 13-year-old child multiple times with an extension cord, although this being the only time he had hit the child, was sufficient to find the child within the meaning of 43-247(3)(a). Manuel, DOB 8/95, is the child of Jesus. On April 14, 2009, Manuel and Jesus got into...

SUMMARY: The father’s ongoing alcohol use that prevents him from properly parenting and the mother’s protection of the father and failure to protect the children from him establish that it was proper to terminate the parents’ parental rights. Alexandria J., DOB 12/92, and Damion H., DOB 9/96 were...

SUMMARY: A difference in physical appearance between the parent and child or a suspicion based on infidelity are not just causes for abandonment of a child born in wedlock. Chance, DOB 4/17/06, was removed from the mother’s care in June 2007. On February 6, 2002, the mother, Miranda, married Andrew...

SUMMARY: A denial to allow in-chambers testimony from the child is not a final, appealable order. Marcella B. and Juan S. were removed from the mother on January 26, 2009, on allegations of inappropriate physical contact and failure to provide appropriate care, support and/or supervision. On March 3...

SUMMARY: A parent’s past history of mental illness and ability to recover is relevant to the issues of whether the parent can be rehabilitated and whether termination is in the children’s best interests. As Neb. Rev. Stat. section 43-292(6) was not a ground alleged, the State does not need to show...

SUMMARY: Termination was proper because the parents substantially and repeatedly neglected the children by failing to consistently visit for a substantial period of time and from refusing to comply with the case plan goals. The children, Yiech Y, DOB 10/94, Gach Y., DOB 6/96, Nyakueth Y., DOB 8/97...

SUMMARY: The absence of the guardian ad litem during the termination trial was not plain error. Because the father was not provided with a case plan until late in the case and there was little evidence establishing his failure to comply, termination of his parental rights was improper. The children...

SUMMARY: Permanent modification of custody in an abuse/neglect case cannot be made in a dispositional order and instead must occur pursuant to Neb. Rev. Stat. section 42-364 through a complaint to modify, a modification hearing and findings that there has been a material change in circumstances and...

SUMMARY: The court erred in denying a motion by the parent to withdraw a voluntary relinquishment without a hearing based on her claims of fraud and coercion, which if proven are proper bases for withdrawal. DHHS submitted a court report stating that the mother, Linda, had relinquished her parental...

SUMMARY: Termination of parental rights on the ground of abandonment and substantial neglect through incarceration was improper because there was no concrete evidence that established the length of incarceration and that the mother abandoned the child. To have records from a prior proceeding...

SUMMARY: In an ICWA case, active efforts should include direct guidance rather than passive referrals. The active efforts need only be culturally relevant if the conditions that led to out-of-home placement have some cultural basis. Evidence that termination is in the children’s best interests does...

SUMMARY: The juvenile court did not err in denying transfer of the case to tribal court because the case was in its advanced stages (i.e., termination of parental rights), the father did not file the motion to transfer until 2 years into the case, and the juvenile court would have nevertheless...